AGB - General Terms and Conditions Dominik Zagarovsky, hereinafter referred to as the "Photographer"
1.1. The following General Terms and Conditions (AGB) apply to all orders placed with the Photographer. They are considered agreed upon unless objected to upon placing the order.
1.2. "Photographic works" within the meaning of these AGB are all products created by the Photographer, regardless of the technical form or medium in which they were created or are available (electronic negatives, slide positives, paper pictures, still videos, electronic still images in digitized form, videos, etc.).
1.3. A contract is only concluded with written order confirmation by the Photographer.
2. Copyright
2.1. The Photographer retains copyright to the photographic works in accordance with the Copyright Act.
2.2. The photographic works created by the Photographer are generally intended for the exclusive use of the client.
2.3. If the Photographer transfers usage rights to his works, only the simple usage rights are transferred, unless otherwise expressly agreed upon in writing. The Photographer is also entitled to use the photographic works for self-promotion. The transfer of usage rights requires a special agreement.
2.4. The usage rights are transferred to the client only upon full payment of the fee.
2.5. When using the photographic works, the Photographer may, unless otherwise agreed in writing, request to be credited as the author of the photographic work.
3. Remuneration, Retention of Ownership
3.1. A fee is charged for the creation of the photographic works, either as an hourly rate, daily rate, or agreed flat fee, plus applicable value-added tax; additional costs (travel expenses, model fees, expenses, props, laboratory and material costs, studio rental, etc.) are to be borne by the client. Travel expenses are calculated at a rate of 0.40 euros per kilometer or according to an agreed flat fee for all trips.
3.2. The client informs the Photographer upon receiving the data, triggering the entitlement to the fee. The fee is to be paid within 14 days of invoicing without deduction. After the expiration of the payment deadline, the client is automatically in default, and statutory default interest of 8 percentage points above the base rate applies.
3.3. For orders with a minimum volume of 4,000 CHF, an advance payment equal to 50 percent of the offer amount must be made no later than three days before the start of production. If the deadline is not met, the Photographer is entitled to postpone the start of production until payment is received.
3.4. The Photographer's expenses for stylists, models, and other creative professionals are invoiced to the client with a surcharge of 10 percent for KSK contributions. The client is free to pay these expenses directly.
3.5. Until full payment of the fee, the delivered photographic works remain the property of the Photographer, and no usage rights are transferred to the client.
3.6. If the client has not provided explicit instructions regarding the design of the photographic works, complaints regarding artistic and technical composition are excluded. If the client requests changes during production, any additional costs are to be borne by the client. The Photographer retains the right to the fee for work already commenced.
4.Liability
4.1. The Photographer is liable, including his agents, only for intent and gross negligence for breaches of duties that are not directly related to essential contractual obligations. He is also liable for damages resulting from the injury of life, body, or health and from the breach of essential contractual obligations, which he or his agents have caused through willful misconduct.
4.2. If the Photographer's equipment remains with the client during breaks in the execution of an order (including overnight), the client is liable for loss or damage unless the Photographer or his agents are at fault. The equipment is not insured.
4.3. The client is responsible for usage rights agreements with the models. The Photographer is not liable for additional costs resulting from their absence (e.g., reshooting, compensation for models). The Photographer is only responsible for usage rights agreements he has made with the models.
4.4. The Photographer is only obligated to store data until they are received. Extended storage, for example, on RAID, is available for a fee (10 euros per gigabyte annually).
4.5. The Photographer's liability for lightfastness and durability of the photographic works is limited to the warranty provided by the manufacturers of the photographic materials.
4.6. The dispatch and return of data carriers, films, images, and templates are at the client's expense and risk. The client can determine the method and means of return.
5. Ancillary Duties
5.1. The client assures that he holds the reproduction and distribution rights to all materials provided to the Photographer, as well as the consent of the individuals depicted in the case of portraits, for publication, reproduction, and distribution. The client shall bear any claims of third parties based on breaches of this obligation.
5.2. The client is obliged to make the objects to be photographed available in a timely manner and to pick them up immediately after the shoot. If the client fails to pick up the objects within two working days after being requested to do so, the Photographer is entitled to charge storage costs or, if his studio is blocked, to store the client's items elsewhere. Transport and storage costs are borne by the client.
6.Performance Disturbances, Cancellation Fee
6.1. If an order is canceled by the client, the following cancellation fees apply:
6.1.1. 100% of the agreed fee when canceled on the day the work is scheduled to commence. Savings in expenses are deducted.
6.1.2. 50% of the agreed fee when canceled the day before the work is scheduled to commence.
6.1.3. 20% of the agreed fee when canceled up to seven working days before the work is scheduled to commence.
6.1.4. 5% in all other cases.
6.2. If the time allocated for the execution of the order is significantly exceeded for reasons not attributable to the Photographer, the Photographer's fee will be increased accordingly, provided that a flat rate was agreed upon. If an hourly or daily rate is agreed, the Photographer is entitled to the agreed hourly or daily rate for waiting time, unless the client can prove that the Photographer has not suffered any loss. The Photographer may also claim damages for intent and gross negligence on the part of the client.
6.3. In general, the Photographer can only be considered in default 14 days after the shoot. Shorter delivery times are binding only if confirmed in writing by the Photographer. The Photographer is only liable for exceeding deadlines in cases of intent and gross negligence.
6.4. If the Photographer provides the client with data carriers, files, or data, these may only be altered with the prior consent of the Photographer.
6.5. The risk and cost of transporting data carriers, files, and data, online and offline, are borne by the client. The method of transmission can be determined by the client.
7.Data Protection
Personal data of the client required for business transactions may be stored. The Photographer undertakes to treat all information acquired during the execution of the order confidentially.
8.Image Editing
8.1. The editing, reproduction, and distribution, whether analog or digital, of photographic works of the Photographer require the prior consent of the Photographer. If photo compositing, montage, or other electronic manipulation creates a new work, it must be labeled with [M]. The authors of the works used and the author of the new work are co-authors within the meaning of § 8 of the Copyright Act.
8.2. The client is obliged to digitally store and copy the photographic works of the Photographer in such a way that the Photographer's name is electronically linked to the image files.
8.3. The client is obliged to electronically link the photographic works in such a way that the link remains intact during all forms of data transmission, display on screens, all types of projections, especially for public display, and that the Photographer is clearly and unequivocally identifiable as the author of the images.
8.4. The client warrants that he is authorized to commission the Photographer for the electronic editing of third-party photographic works when placing such an order. The client indemnifies the Photographer against all claims of third parties based on breaches of this duty.
9.Use and Distribution
9.1. The distribution of photographic works by the Photographer on the internet and in intranets, in online databases, in electronic archives not intended for the client's internal use, on diskette, CD-ROM, or similar data carriers, requires a special agreement between the Photographer and the client.
9.2. The further distribution of digitized photographic works on the internet and in intranets, as well as on data carriers and devices suitable for the public reproduction on screens or for the production of soft and hard copies, requires the prior written consent of the Photographer.
9.3. The reproduction and distribution of edits made electronically by the Photographer require the prior written consent of the Photographer.
9.4. If the Photographer has provided the client with data carriers, files, or data, these may only be altered with the prior consent of the Photographer.
9.5. The risk and cost of transporting data carriers, files, and data online and offline are borne by the client. The method and means of transmission can be determined by the client.